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33 U.S.C. § 938Penalties

submitted 99 years ago by ch. 509 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 321 words · no verdicts yet

in plain englishAI-generated · not legal advice

An employer that fails to secure required compensation commits a misdemeanor and may face fines, imprisonment, and personal liability for corporate officers. Hiding property to avoid compensation creates additional penalties.

(a) Failure to secure payment. An employer required to secure compensation who fails to do so commits a misdemeanor and may be fined up to $10,000, imprisoned up to one year, or both. If the employer is a corporation, its president, secretary, and treasurer are each subject to that fine or imprisonment and are personally, jointly with the corporation, liable for compensation or other benefits arising from an employee’s injury while the corporation failed to comply with 33 U.S.C. § 932. (b) Avoiding payment. An employer who knowingly transfers, sells, encumbers, assigns, disposes of, hides, secretes, or destroys property after an employee is injured, intending to avoid compensation to the employee or dependents, commits a misdemeanor and faces the same fine or imprisonment. For a corporation, the three officers are separately liable to imprisonment and jointly liable with the corporation for the fine. (c) Other liability. This section does not affect any other employer liability under this chapter.
the actual law source: uscode.house.gov ↗public domain
(a) Failure to secure payment of compensation

Any employer required to secure the payment of compensation under this chapter who fails to secure such compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such fine or imprisonment as herein provided for the failure of such corporation to secure the payment of compensation; and such president, secretary, and treasurer shall be severally personally liable, jointly with such corporation, for any compensation or other benefit which may accrue under the said chapter in respect to any injury which may occur to any employee of such corporation while it shall so fail to secure the payment of compensation as required by section 932 of this title.

(b) Avoiding payment of compensation

Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, conceals, secretes, or destroys any property belonging to such employer, after one of his employees has been injured within the purview of this chapter, and with intent to avoid the payment of compensation under this chapter to such employee or his dependents, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also severally liable to such penalty of imprisonment as well as jointly liable with such corporation for such fine.

(c) Effect on other liability of employer

This section shall not affect any other liability of the employer under this chapter.

Source credit: (Mar. 4, 1927, ch. 509, § 38, 44 Stat. 1442; June 25, 1938, ch. 685, § 14, 52 Stat. 1168; Pub. L. 98–426, § 22, Sept. 28, 1984, 98 Stat. 1653.)

history & why it existsrecord from the source credit
  • 1927Enacted · Act of Mar. 4, 1927, ch. 509 · 44 Stat. 1442
  • 1938Amended · Act of June 25, 1938, ch. 685 · 52 Stat. 1168
  • 1984Amended · Pub. L. 98-426 · 98 Stat. 1653

A history note hasn’t been published yet. The record shows enactment by ch. 509 on 1927-03-04.

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